The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1887-01-12
Supreme judicial Court.


& " @uIaN- IL -Ifaf rm~lpINc.
L. H. WGnB Clerk.
J. - ibI-uIB, Reporter.
L I. DANroKIG County Attorney. |
ZI>ts VAUGHAN, Sheriff.
IEus7,l ian. G.-Abilene Taylor, y
.fohu {. /. Powers; bill in equity The
plaintiff had two eases against the defend
ant on the same matter. writ of entry
and bill in equity. John Fish, Of Hart
land. held an SsoO note against defend
ant, secured by mortgage; shortly before
he died Dec II. lssi, he assigned the
mortgage to his grandson, the plaintiff.
The mortgage had not been discharged
on the record, but the defendant had pos
session If the note with these ndorse-
ments on the back $50, paid Aug. 30
ISL; Sis, paid March p ls73; received
$500. Oct j. lss7. he. Endorsements
were acknowledged To be in the hand
writing of the defendant, as he says by
the direction Of Fish, whose eyesight was
poor and whose hand trenblcd so that he
was unable to write unless some one
stcadcd his hand.
The defence is this That Fish,s wife
before her death received one pension on
account Of the death Of son i'm the SER
vice: that Fish wanted to get the pen
sion transferred to him. but there was
trouble in the way. pension agent was
of the opinion that he had sufficient
means Of support without n pension,
which was fact that to satisfy the pen
sion agent he wanted 10 have the note
paid and the mortgage discharged; that
ne pparlro hlhcn WIN ueie,''nu'' ~
"hlrh aeicnuaut lh.ch9e" 10 eia' ~ ni'l
nothing but Fish insisted upon settling
lh' hlhllGr up. %" p 2,Nn VI 80 ea,'
Hence tLn endorsements ON tbr note
Fi.L did NOT oct a Drnsion and never had
,i,,, ,,,,,r,,,o,,n ,lisrlort,od nn tho record
NV ,,,pi H. '',' t.aa, 'r;,i,,,
t"'"- Il NJ i, ,, XIV ~ az "''9' -
10 cut IL. ne pla'hliu Na9s ny atitn
dants own showing the payment Vl Inc
note was by board which he never ealen-
1 lated TO chage for in fact, the board Was
little more than visits. that he spent most
nf Its ,i,nn ,YjtI, ,taintie-s motlrr with
-, ii l',, 'ti,i,,,, - h.. core bis
""'iD nv n"i ','" '''ii-
oca'h' llat u ne titi i"t.h'i'" 70
charge the mortgage he had ehail@e1 NJ
mind
After the evidence of defendant wd>
out. Mr., Barrett. who came late into the
cosr .br,,y nm tbc snouoc and consented
,'a No., .,,i, IL ,l,,. ,,,,,i1, t.ia1 and Ia an
w -" "oi W., y. W., 'i','' - 10
| ehIlS ~ ~ !" ''e 'e''"'i az r"" -,
| FfddY ann i.--State' vs. ailrcd liui"'
Indictment Tor burning dwelling mouse
and stable of C. j.. LaughtOn III Harmony
i'm Scptembcr. Judge Walton sentenced
! him ia : vrars in States prison The IN
! Ji,+,na,, Gar ia. buruiuu of Ahnl Frost :
',,,,i. ~ f.i'I' L. - i,ad1,,nilt,
ou'i'ipS>' W "h'tn nv a'No p,' ', : -
was continued 10 oe ui>poScd 81 a!tci .'c
serving OF TINS sentence win lntlhallpi
that if he behaves well that it may not be
called np against him.
...,.J.. on
N"f"'ay 1"H' o"'
benjamin II. Cobb VS.. Fred q. Hight ct al
Debt ON bond, to convey ii farm IN AtnenS'
Plaintiff lays 81 bought the farm OF the defend
ants, price = 80 and gave note. for the amour
May 9TH 1856 II Sloo WAS pud III TWO year
from date, then defendants "cre 10 give mt
decd and take back mortgage. They agreed t'
take 500 of this IN wood at " cord. pa''
the Sloo, IN time, pant oi II III WOOD rs aero' q
and then demanded my decd ms inc dei'hd
ants refused to give, hence this action.
DctenSc. True, | received S2oo and ]"
cords of wood such as II was but the wood wa
10 be merchanta6le, ana this was not lnefehant
able, and not worth more than Tl''o "a cord
So you we're At fault
Plaintiff You agreed that we might cu
where we liked, cut clean as we went, and to al
low ~ per cord
Dclts. The agreement was to commence I"
west side where we had been cutting and cu
clean, haul the refuse wood to your own 400
and the mcrehantaplc to us 1'h cut on I'll
cast side.
Plaintiff. The writing calls Tor wood, ne
mcrchantablc wood, ana nothing was Sald aOo'
s quality or where to cut.
The case WAS left to the Jury by consent
cul,nsel to find which party was at fault, and
the defendant, then to find how much the plain
/ tiff should recover. Verdict Tor plaintiff S26l
Merrill X Coffin for plaintiff
Brown with Holman for defendants.
Israel Il. BRAY vs. Nathaniel f. Clapp, Emf
= line uomghton and Jonah lIoughton Jonah
: dead. Clamp is dcfault,d and the trial proceed
( against Emcline.
Pits counsel puts in mortgage from Clap
to himself, and the written consent Of Emiliu
and Jonah that Clam might make the inortgag
DcfonSc My husband Jonah gave me acc.
S9h 81 one uo'ia tnrm Ea,r d''u a,
I,1 ~ ~? 9", ~ AND ,bt h." bo,l
: MOT convey ,,itbo,,t o,,r consent,
True | consented that nv son should NOR
gage to Bray the plf. Bray understood what m
son interest was and that consented that
might part with ms interest nut did not e9hScr
when he made the deed because the land cam
from my husband under conditions that coul
not sell unless he Joined in the decd
After the evidence was out the lnoee Ro f1'
M"' instructed We, tne lnry 10 Irnoet ''ioi'' "
nv ,',, u" ~ ~ ''''''"'
Walt x Walton for dcft.
State vs.. Sylvanus Jndkins'
Indictment as comm N selirr at An linen,
s0uarely that they bought of him directly an
PAID HIM directly Tor H. most Oh 'he'" "i"'c '"a'
Defendant took the stand and sworc that h
never sold any cider to be drank on inc prem
scs' never TOOK pay ior any nr u,d hu' ie'uH eli,
, ",i any '"'''''''' VI
Thc counsel consented to submit the case t,
the Jury under the charge Of the Judge wthou